Research on the Issue of Standards for Applying Criminal Law to Case Cyber Defamation

Authors

  • Zhongshi Fan

DOI:

https://doi.org/10.62051/m41gm344

Keywords:

Cyber defamation; Freedom of speech; Penalties; Sentence of liberty.

Abstract

With the development of the Internet, the connection between real society and cyberspace has gradually become closer. While the Internet has brought great convenience to people's lives, it has also given rise to many new problems, with cyber defamation being a typical issue. However, in the current governance of online defamation, the limitations of traditional defamation regulations have become apparent due to the unique nature of cyberspace. Considering the fundamental principles of freedom of expression and Internet defamation, providing targeted recommendations for addressing the challenges present in China’s current laws on Internet defamation is crucial. Specifically, it is important to clarify the standards of criminal law applicable to Internet defamation offenses, establish clear criteria for intervention in both public and private prosecution of such offenses, and maintain a balance in relationships. To achieve this, continuous improvement of relevant laws and regulations is necessary to address the challenges of the Internet era, protect individuals' legitimate rights and interests, and maintain order and healthy development in cyberspace.

Downloads

Download data is not yet available.

References

Shu Jing, Wu Shuaishuai. A "joke" triggered by network violence-Hangzhou woman to pick up the courier was rumoured incident investigation. Xinhua News Agency, 16 Dec. 2020, Retrieved from: https://baijiahao.baidu.com/s?id=1686220655168636278&wfr=spider&for=pc

Guo Jun, Pan Wendeng. Reflections on the Abuse of freedom of speech in the network environment. Industry and Technology Forum, 2023, 23:42.

Article 35, Article 51 of the Constitution (1982).

Li Huiqin. An analysis of the legal regulation of freedom of expression on the internet. Legal Culture, 2023, 1: 124.

Article 246 of the Criminal Law(1997).

Zhou Guangquan. Various essays on criminal law. Beijing:People’s University of China Press, 2016.

Shi Yao. Study on the application of criminal law to the crime of internet slander. Social Science, 2023, 1:20.

Duan Zheyan. Value coordination and mode selection of legal regulation of internet freedom of expression. Shanxi:Taiyuan Shanxi University, 2023.

Sun Wanhuai, Lu Hengfei. Criminal law should respond rationally to online rumours-an empirical assessment of the judicial interpretation of online rumour mongering. Shuanghai:East China University of Political Science and Law,2013

Yu Zhigang. The space for the application of traditional criminal law in the "two-tier society" - in the context of the issuance of the "Interpretation of Internet Defamation" by the "two high committees". Beijing: China University of Political Science and Law, 2013.

Zhang Yuchi. Study on the application of criminal law to web-based defamation offenses. Lanzhou:Lanzhou University, 2021.

Chi Yao. Study on the application of criminal law to the offence of Internet defamation. Liaoning:Liaoning University of Science and Technology, 2023.

Zhang Yuxian. Exploring the criminal law regime of net neutrality helping behaviour. Wuhan: Central South University of Economics and Law, 2019.

Higher People’s Court of the People’s Republic of China. Interpretation by the supreme people’s court and the supreme people’s procuratorate of several issues concerning the application of law to the handling of criminal cases involving the illegal use of information networks and assistance to criminal activities in information networks. 2019. Retrieved from: https://flk.npc.gov.cn/detail2.html?ZmY4MDgwODE2ZjNlOTc4NDAxNmY0MWM5MzVhOTAwOTc%3D

Gao Mingxuan, Zhang Haimei. Network slander constitutes the elements of slander crime--An appraisal of the interpretation of the two high committees on the use of information network slander. Beijing:Renmin University of China, 2015

Deng Dajian. Analysis of the composition of internet defamation. Social Sciences I Series, Economics and Management Science 2015, 64.

Zhang Mingkai. Exploring the controversial issues of internet defamation. China Legal, 2015, 3:65.

Che Hao. Why hangzhou defamation case can be converted to public prosecution. 2022, Retrieved from https://www.spp.gov.cn/spp/llyj/202012/t20201230_504363.shtml

Liu Xianglian, Shi Xiaodong. Discussion on the criteria of "seriousness of circumstances" of internet slander. Straits Law Journal, 2015, 1: 73.

Downloads

Published

29-08-2024

How to Cite

Fan, Z. (2024). Research on the Issue of Standards for Applying Criminal Law to Case Cyber Defamation. Transactions on Social Science, Education and Humanities Research, 12, 26-32. https://doi.org/10.62051/m41gm344